Monday, February 27, 2012

Google App Engine terms

1. Your Agreement with Google

This License Agreement for Google App Engine (the “Agreement”) is
made and entered into by and between Google Inc., a Delaware
corporation, with offices at 1600 Amphitheatre Parkway, Mountain View
94043 (“Google”) and the business entity agreeing to these terms (“Customer”). This Agreement is effective as of the date Customer clicks the "I Accept" button below (the "Effective Date").
If you are accepting on behalf of Customer, you represent and warrant
that: (i) if you have full legal authority to bind Customer to this
Agreement; (ii) you have read and understand this Agreement; and (iii)
you agree, on behalf of Customer, to this Agreement. If you do not have
the legal authority to bind Customer, please do not click the "I
Accept" button below. This Agreement governs Customer's access to and
use of the Service.

1. Licenses.

1.1 From Google to Customer. Subject to this Agreement,
Google grants to Customer a worldwide, non-sublicensable,
non-transferable, non-exclusive, terminable, limited license to (a) use
the Service, (b) integrate the Services into any Application and (c) use
any Software provided by Google as part of the Service.

1.2 From Customer to Google. By submitting, posting or
displaying any Application (including Customer Content) on or through
the Service, Customer gives Google a worldwide, non-sublicensable,
non-transferable, non-exclusive, terminable, limited license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any Application (including Customer Content) for
the sole purpose of enabling Google to provide Customer with the
Service in accordance with the Agreement.

2. Provision of the Service.

2.1 Console. Google will provide the Service to Customer. As
part of receiving the Service, Customer will have access to the Admin
Console, through which Customer may administer the Service.

2.2 Facilities and Data Transfer. All facilities used to
store and process an Application (including Customer Content) will
adhere to reasonable security standards no less protective than the
security standards at facilities where Google processes and stores its
own information of a similar type. Google has implemented at least
industry standard systems and procedures to ensure the security and
confidentiality of an Application and Customer Content, protect against
anticipated threats or hazards to the security or integrity of an
Application and Customer Content, and protect against unauthorized
access to or use of an Application and Customer Content. Google may
process and store an Application and Customer Content in the United
States or any other country in which Google or its agents maintain
facilities. By using the Service, Customer consents to this processing
and storage of the Application and Customer Content.

2.3 Accounts. Customer must have an Account to use the
Service, and is responsible for the information it provides to create
the Account, the security of its passwords for the Account, and for any
use of its Account. If Customer becomes aware of any unauthorized use
of its password or its Account, Customer will notify Google as promptly
as possible.

2.4 Privacy Policies. The Service shall be subject to
Google’s Privacy Policy. Changes to the Privacy Policy will be made as
stated in the applicable policy. In addition, Google is enrolled in the
U.S. Department of Commerce Safe Harbor Program and will remain
enrolled in this program or a comparable successor program throughout
the Term of the Agreement.

2.5 New Applications. Google may make new applications, tools,
features or functionality available from time to time through the
Service, the use of which may be contingent upon Customer’s Agreement to
additional terms.

2.6 Modifications.

To the Service. Subject to Section 7.2 (Deprecation), Google
may make commercially reasonable Updates to the Service from time to
time. If Google makes a material change to the Service, Google will
inform Customer, provided that Customer has subscribed with Google to be
informed about such change.

To the Agreement. Google may make changes to this Agreement,
including pricing from time to time. Unless otherwise noted by Google,
material changes to the Agreement will become effective ninety days
after they are posted, except if the changes apply to new functionality
in which case they will be effective immediately. If Customer does not
agree to the revised Agreement, please stop using the Service. Google
will post any modification to this Agreement to the Terms URL.

3. Payment Terms.

3.1 Free Quota. The Service is provided to Customer without charge up to the Fee Threshold.

3.2 Online Billing. Google will issue an electronic bill to
the Customer for all charges accrued above the Fee Threshold. Charges
are solely based on Google's measurements of Customer’s use of the
Service and may include monthly fees. For use above the Fee Threshold,
Customer shall be responsible for all charges up to the amount set in
the Account and shall pay all charges in U.S. Dollars or in such other
currency as agreed to in writing by the parties. Customer shall pay all
charges in accordance with the payment terms in the Service FAQ.

3.3 Delinquent Payments. Late payments may bear interest at
the rate of 1.5% per month (or the highest rate permitted by law, if
less). Google reserves the right to suspend your Account for any late
payments.

3.4 Taxes. Customer is responsible for any Taxes, and
Customer will pay Google for the Services without any reduction for
Taxes. If Google is obligated to collect or pay Taxes, the Taxes will
be invoiced to Customer, unless Customer provides Google with a valid
tax exemption certificate authorized by the appropriate taxing
authority. If Customer is required by law to withhold any Taxes from
its payments to Google, Customer must provide Google with an official
tax receipt or other appropriate documentation to support such payments.

3.5 Invoice Disputes & Refunds. To the fullest extent
permitted by law, Customer waives all claims relating to charges unless
claimed within sixty days after the charge (this does not affect any
Customer rights with its credit card issuer). Refunds (if any) are at
the discretion of Google and will only be in the form of credit for the
Service. Nothing in this Agreement obligates Google to extend credit to
any party.

4. Customer Obligations.

4.1 Compliance. Customer is solely responsible for the
Application (including Customer Content). Customer is responsible for
making sure the Application or Customer Content complies with the
Acceptable Use Policy. If Google suspects non-compliance, Google
reserves the right to review the Application or Customer Content to
ensure Customer’s compliance with the Acceptable Use Policy.

4.2 Privacy. Customer will protect the privacy and legal
rights of its End Users under all applicable laws and regulations, which
includes a legally adequate privacy notice communicated from Customer.
Customer may have the ability to access, monitor, use, or disclose
Customer Content submitted by End Users through the Service. Customer
will obtain and maintain any required consents from End Users to allow
Customer’s access, monitoring, use or disclosure of Customer Content.
Further, Customer will notify its End Users that any information
provided as part of the Application will be made available to Google as
part of Google providing the Service.

4.3 Restrictions. Customer will not, and will not allow third
parties under its control to: (a) copy, modify, create a derivative
work of, reverse engineer, decompile, translate, disassemble, or
otherwise attempt to extract the source code of the Service or any
component thereof (subject to Section 4.4 below); (b) use the Service
for High Risk Activities; (c) sublicense, resell, or distribute the
Service or any component thereof separate from any integrated Customer
offering; (d) use the Service to create a substantially similar product
or service; (e) create multiple Applications to simulate or act as a
single Application or otherwise access the Service in a manner intended
to avoid incurring fees; (f) use the Service to operate or enable any
telecommunications service or in connection with any Application that
allows End Users to place calls to or receive calls from any public
switched telephone network; or (g) process or store any Customer Content
that is subject to the International Traffic in Arms Regulations
maintained by the Department of State. Customer acknowledges that the
Service is not HIPAA compliant and Customer is solely responsible for
any applicable compliance with HIPAA.

4.4 Open Source Components. Open source software licenses for
components of the Service released under an open source license
constitute separate written Agreements. Open source software is listed
in the Documentation. To the limited extent the open source software
licenses expressly supersede this Agreement, the open source license
instead governs Customer’s Agreement with Google for the specific
included open source components of the Service, or use of the Service
(as may be applicable).

4.5 Third Party Requests. Customer is responsible for
responding to Third Party Requests. Google will, to the extent allowed
by law and by the terms of the Third Party Request: (a) promptly notify
Customer of its receipt of a Third Party Request; (b) comply with
Customer’s reasonable requests regarding its efforts to oppose a Third
Party Request; and (c) if the information is solely held by Google and
reasonably accessible by Google, provide Customer with the information
required for Customer to respond to the Third Party Request.

4.6 Documentation. Google will provide Documentation for
Customer’s use of the Service. The Documentation may specify
restrictions in how Applications may be built and Customer agrees to any
such restrictions specified.

5. Suspension and Removals.

5.1 Suspension/Removals. If Customer becomes aware that any
Application, Customer Content, or an End User’s use of an Application
violates the Acceptable Use Policy, Customer will immediately suspend
the Application, remove the applicable Customer Content, or suspend
access to an End User (as may be applicable). If Customer fails to
suspend or remove as noted in the prior sentence, Google may
specifically request that Customer do so. If Customer fails to comply
with Google’s request to do so within twenty-four hours, then Google may
suspend Google accounts of the applicable End Users, or disable the
Application (as applicable) until such violation is corrected.

5.2 Emergency Security Issues. Despite the foregoing, if
there is an Emergency Security Issue, then Google may automatically
suspend the offending End User account, or the Application. Suspension
will be to the minimum extent required, and of the minimum duration, to
prevent or terminate the Emergency Security Issue. If Google suspends
an End User or the Application, for any reason, without prior notice to
Customer, at Customer’s request, Google will provide Customer the reason
for the suspension as soon as is reasonably possible.

6. Intellectual Property Rights; Brand Features.

6.1 Intellectual Property Rights. Except as expressly set
forth herein, this Agreement does not grant either party any rights,
implied or otherwise, to the other’s content or any of the other’s
intellectual property. As between the parties, Customer owns all
Intellectual Property Rights in any Application and Customer Content,
and Google owns all Intellectual Property Rights in the Service.

6.2 Brand Features Limitation. If Customer wants to display
Google Brand Features in connection with its use of the Service,
Customer must obtain written permission from Google through process
specified in the Trademark Guidelines. For the sole purpose of
providing the Service, Customer permits Google to display any Brand
Features that may appear in its Application. Any use of a party’s Brand
Features will inure to the benefit of the party holding Intellectual
Property Rights to those Brand Features. A party may revoke the other
party’s right to use its Brand Features pursuant to this Agreement with
written notice to the other and a reasonable period to stop the use.

7. Technical Support Service

7.1 By Customer. Customer is responsible for technical support of its Application.

7.2 Deprecation.

Deprecation with a Deprecation Period. If Google in its
discretion chooses to cease providing the current Version of the Service
whether through discontinuation of the Service or by upgrading the
Service to a newer Version, the current Version of the Service will be
deprecated and become the Deprecated Version of the Service. Google will
issue an announcement if the current Version of the Service will be
deprecated. For a period of 3 years after an announcement (the “Deprecation Period”),
Google will use commercially reasonable efforts to continue to operate
the Deprecated Version of the Service and to respond to problems with
the Deprecated Version of the Service deemed by Google in its discretion
to be critical. During the Deprecation Period, Google is not required
to add any new features to the Deprecated Version of the Service;
provided that if Google does so, such additional features do not extend
the Deprecation Period for the Deprecated Version.

Deprecation without a Deprecation Period. Google reserves
the right in its discretion to cease providing all or any part of the
Deprecated Version of the Service immediately without any notice if:

Customer has breached any provision of this Agreement (or has acted
in manner that clearly shows that Customer does not intend to, or is
unable to comply with the provisions of this Agreement); or

Google is required to do so by law (for example, due to a change to
the law governing the provision of the Deprecated Version of the
Service); or

the Deprecated Version of the Service relies on data or services
provided by a third party partner and the relationship with such partner
(i) has expired or been terminated or (ii) requires Google to change
the way Google provides the data or services through the Deprecated
Version of the Service; or

providing the Deprecated Version of the Service could create a
substantial economic burden as determined by Google in its reasonable
good faith judgment; or

providing the Deprecated Version of the Service could create a
security risk or material technical burden as determined by Google in
its reasonable good faith judgment.

Experimental or Labs. At any time prior to discontinuing the
current version of the Service or upgrading to a new version of the
Service, Google may, in its discretion as part of its continuing
innovation to provide the best possible experience for its users, label
certain features or functionality of the Service as "experimental." This
Section 7.2 does not apply to any features or functionality labeled as
"experimental" or any version of the Service labeled as “labs.”

8. Confidential Information.

8.1 Obligations. Each party will: (a) protect the other
party’s Confidential Information with the same standard of care it uses
to protect its own Confidential Information; and (b) not disclose the
Confidential Information, except to Affiliates, Employees and agents who
need to know it and who have agreed in writing to keep it confidential.
Each party (and any affiliates, Employees and agents to whom it has
disclosed Confidential Information) may use Confidential Information
only to exercise rights and fulfill obligations under this Agreement,
while using reasonable care to protect it. Each party is responsible
for any actions of its Affiliates, Employees and agents in violation of
this Section.

8.2 Exceptions. Confidential Information does not include
information that: (a) the recipient already knew; (b) becomes public
through no fault of the recipient; (c) was independently developed by
the recipient; or (d) was rightfully given to the recipient by another
party.

8.3 Required Disclosure. Each party may disclose the other
party’s Confidential Information when required by law, but only after
it, if legally permissible: (a) uses commercially reasonable efforts to
notify the other party; and (b) gives the other party the chance to
challenge the disclosure.

9. Term and Termination.

9.1 Agreement Term. The license granted in this Agreement will remain in effect, unless terminated earlier as set forth in this Agreement.

9.2 Termination for Breach. Either party may terminate this
Agreement if: (i) the other party is in material breach of the Agreement
and fails to cure that breach within thirty days after receipt of
written notice; (ii) the other party ceases its business operations or
becomes subject to insolvency proceedings and the proceedings are not
dismissed within ninety days; or (iii) the other party is in material
breach of this Agreement more than two times notwithstanding any cure of
such breaches.

9.3 Termination for Inactivity. Google reserves the right to
terminate the Service, if, for a period exceeding 90 days, Customer (a)
has failed to access the Admin Console, (b) an Application has not
served any requests, and (c) no invoices are being generated.

9.4 Effect of Termination. If the Agreement expires or is
terminated, then: (i) the rights granted by one party to the other will
cease at the end of the then-current month; (ii) all Fees (including
Taxes) owed by Customer to Google will be charged at the end of the
then-current month; (iii) Google will provide Customer access to, and
the ability to export, the Application and any Customer Content for at
least 15 days; (iv) Customer will delete the Software and any
Application (including any Customer Content); (v) following a
commercially reasonable period of time, Google will delete the Account
and (vi) upon request, each party will use commercially reasonable
efforts to return or destroy all other Confidential Information of the
other party.

10. Publicity.

Neither party may make any public statement regarding the
relationship contemplated by this Agreement without the other party’s
prior written consent. Notwithstanding the foregoing, (a) Customer is
permitted to state publicly that it is a customer of the Service,
consistent with the Trademark Guidelines, and (b) Customer consents to
Google’s use of Customer’s name in a general customer list, but only if
Customer is not the only Customer appearing on the list. For
clarification, neither party needs to seek approval from the other if
the party is repeating a public statement that is substantially similar
to a public statement that has been previously approved.

11. Representations.

Each party represents that: (a) it has full power and authority to
enter into the Agreement; and (b) it will comply with all laws and
regulations applicable to its provision, or use, of the Service, as
applicable. Google warrants it will provide the Service in accordance
with the applicable SLA.

12. Disclaimer.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, GOOGLE DOES NOT MAKE ANY OTHER WARRANTY OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE AND NONINFRINGEMENT. GOOGLE IS NOT RESPONSIBLE OR LIABLE
FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER
COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE.
CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS
APPLICATION AND CUSTOMER CONTENT. GOOGLE DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICE ARE DESIGNED,
MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.

13. Limitation of Liability.

13.1 Limitation on Indirect Liability. NEITHER PARTY WILL BE
LIABLE UNDER THIS Agreement FOR LOST REVENUES OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE
PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN
IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.

13.2 Limitation on Amount of Liability. NEITHER PARTY MAY BE
HELD LIABLE UNDER THIS Agreement FOR MORE THAN THE AMOUNT PAID BY
CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING
RISE TO LIABILITY.

13.3 Exceptions to Limitations. These limitations of
liability do not apply to breaches of confidentiality obligations,
violations of a party’s Intellectual Property Rights by the other party,
or indemnification obligations.

14. Indemnification.

14.1 By Customer. Customer will indemnify, defend, and hold
harmless Google from and against all liabilities, damages, and costs
(including settlement costs and reasonable attorneys’ fees) arising out
of a third party claim: (i) regarding any Application or Customer
Content; (ii) that Customer Brand Features infringe or misappropriate
any patent, copyright, trade secret or Trademark of a third party; or
(iii) regarding Customer’s, or its End Users’, use of the Service in
violation of the Acceptable Use Policy.

14.2 By Google. Google will indemnify, defend, and hold
harmless Customer from and against all liabilities, damages, and costs
(including settlement costs and reasonable attorneys’ fees) arising out
of a third party claim that Google’s technology used to provide the
Service (excluding any open source software) or any Google Brand Feature
infringes or misappropriates any patent, copyright, trade secret or
Trademark of such third party. Notwithstanding the foregoing, in no
event shall Google have any obligations or liability under this Section
arising from: (i) use of any Service or Google Brand Features in a
modified form or in combination with materials not furnished by Google,
and (ii) any Customer Content.

14.3 Possible Infringement.

Repair, Replace, or Modify. If Google reasonably believes
the Service infringes a third party’s Intellectual Property Rights, then
Google will: (a) obtain the right for Customer, at Google’s expense, to
continue using the Service; (b) provide a non-infringing functionally
equivalent replacement; or (c) modify the Service so that it no longer
infringes.

Suspension or Termination. If Google does not believe the
foregoing options are commercially reasonable, then Google may suspend
or terminate Customer’s use of the impacted Service.

14.4 General. The party seeking indemnification will promptly
notify the other party of the claim and cooperate with the other party
in defending the claim. The indemnifying party has full control and
authority over the defense, except that: (a) any settlement requiring
the party seeking indemnification to admit liability or to pay any money
will require that party’s prior written consent; and (b) the other
party may join in the defense with its own counsel at its own expense.
THE INDEMNITIES ABOVE ARE THE ONLY REMEDY UNDER THIS Agreement FOR
VIOLATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

15. Government Purposes.

The Service was developed solely at private expense and is commercial
computer software and related documentation within the meaning of the
applicable civilian and military Federal acquisition regulations and any
supplements thereto. If the user of the Service is an agency,
department, Employee, or other entity of the United States Government,
under FAR 12.212 and DFARS 227.7202, the use, duplication, reproduction,
release, modification, disclosure, or transfer of the Service,
including technical data or manuals, is governed by the terms and
conditions contained in this Agreement, which is Google’s standard
commercial license Agreement.

16. Miscellaneous.

16.1 Notices. All notices must be in writing and addressed to
the attention of the other party’s legal department and primary point
of contact. Notice will be deemed given: (a) when verified by written
receipt if sent by personal courier, overnight courier, or mail; or (b)
when verified by automated receipt or electronic logs if sent by
facsimile or Email.

16.2 Assignment. Neither party may assign or transfer any part
of this Agreement without the written consent of the other party,
except to an Affiliate but only if: (a) the assignee agrees in writing
to be bound by the terms of this Agreement; and (b) the assigning party
remains liable for obligations incurred under the Agreement prior to the
assignment. Any other attempt to transfer or assign is void.

16.3 Change of Control. Upon a change of Control (for
example, through a stock purchase or sale, merger, or other form of
corporate transaction): (a) the party experiencing the change of control
will provide written notice to the other party within thirty days after
the change of Control; and (b) the other party may immediately
terminate this Agreement any time between the change of Control and
thirty days after it receives the written notice in subsection (a).

16.4 Force Majeure. Neither party will be liable for
inadequate performance to the extent caused by a condition (for example,
natural disaster, act of war or terrorism, riot, labor condition,
governmental action, and Internet disturbance) that was beyond the
party’s reasonable control.

16.5 No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.

16.6 No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver.

16.7 Severability. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect.

16.8 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

16.9 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.

16.10 Governing Law.

For City, County, and State Government Entities. If Customer
is a city, county or state government entity, then the parties agree to
remain silent regarding governing law and venue.

For Federal Government Entities. If Customer is a federal
government entity then the following applies: This Agreement will be
governed by and interpreted and enforced in accordance with the laws of
the United States of America without reference to conflict of laws.
Solely to the extent permitted by federal law: (i) the laws of the State
of California (excluding California’s choice of law rules) will apply
in the absence of applicable federal law; and (ii) FOR ANY DISPUTE
ARISING OUT OF OR RELATING TO THIS Agreement, THE PARTIES CONSENT TO
PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN
SANTA CLARA COUNTY, CALIFORNIA.

For All Other Entities. If Customer is any entity not set
forth in Section 16.10(a) or (b) then the following applies: This
Agreement is governed by California law, excluding that state’s choice
of law rules. FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS
Agreement, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE
EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.

16.11 Amendments. Any amendment must be in writing and expressly state that it is amending this Agreement.

16.13 Entire Agreement. This Agreement is the parties’ entire
Agreement relating to its subject and supersedes any prior or
contemporaneous Agreements on that subject. The terms located at a URL
and referenced in this Agreement are hereby incorporated by this
reference.

16.14 Interpretation of Conflicting Terms. If there is a conflict between this Agreement and the terms at a URL, this Agreement will control.

16.15 Counterparts. The parties may enter into this Agreement
in counterparts, including facsimile, PDF or other electronic copies,
which taken together will constitute one instrument.

“Google Apps” product line); subject to those terms of service, as may be applicable.

“Admin Console” means the online tool provided by Google to Customer for administering the Service.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

“Application(s)” means any web application Customer creates
using the Service, including any source code written by Customer to be
used with the Service.

“Brand Features” means the trade names, Trademarks, service
marks, logos, domain names, and other distinctive brand features of each
party, respectively, as secured by such party from time to time.

“Confidential Information” means information disclosed by a
party to the other party under this Agreement that is marked as
confidential or would normally be considered confidential under the
circumstances. Customer Content is considered Customer’s Confidential
Information.

“Control” means control of greater than fifty percent of the voting rights or equity interests of a party.

“Customer Content” means content provided, generated,
transmitted or displayed via the Service by Customer, as well as any
content provided by End Users through use of an Application.

“Documentation” means the Google documentation in the form
generally made available by Google to its customers for use with the
Service, as may be found here: http://code.google.com/appengine/docs/ or such other URL as Google may provide.

“Emergency Security Issue” means either: (a) Customer’s or
its End User’s use of the Service in violation of the Acceptable Use
Policy, which could disrupt: (i) the Service; (ii) other Customers’ or
its End Users’ use of the Service; or (iii) the Google network or
servers used to provide the Service; or (b) unauthorized third party
access to the Service.

“End Users” means the individuals Customer permits to use the Application.

"Export Control Laws” means all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”)
maintained by the U.S. Department of Commerce, trade and economic
sanctions maintained by the Treasury Department’s Office of Foreign
Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

“High Risk Activities” means uses such as the operation of
nuclear facilities, air traffic control, or life support systems, where
the use or failure of the Service could lead to death, personal injury,
or environmental damage.

“HIPAA” means the Health Insurance Portability and
Accountability Act of 1996 as it may be amended from time to time, and
its implementing regulations, 45 CFR Parts 160 and 164.

“Software” means any downloadable tools, software development
kits or other such proprietary computer software provided by Google in
connection with the Service, which may be downloaded by Customer, and
any updates Google may make to such Software from time to time.

“Taxes” means any duties, customs fees, or taxes (other than
Google’s income tax) associated with the purchase of the Service,
including any related penalties or interest.

“Third Party Request” means a request from a third party for
records relating to an End User’s use of the Services. Third Party
Requests can be a lawful search warrant, court order, subpoena, other
valid legal order, or written consent from the End User permitting the
disclosure.

“TSS” means the technical support service provided by Google to the administrators pursuant to the TSS Guidelines.

“Updates” means the periodic software updates provided by
Google to Customer from time to time. Updates are designed to improve,
enhance and further develop the Service and may take the form of bug
fixes, enhanced functions, new software modules and completely new
versions.

“Version” means any major update to the Service (i.e. version 1.4 to version 2.0, but not version 1.4 to 1.5).